Patel (Migration)

This matter concerned an application for a Regional Employer Nomination (Permanent) (Class RN) visa, Subclass 187, Direct Entry stream, for the applicant, Mr. Patel. The nominator, Fishermen’s Pier, had previously received a two-year sponsorship bar due to breaches and wage issues. The applicant sought to have this adverse information disregarded.

The primary legal issue before the Tribunal was whether it was reasonable to disregard the adverse information concerning the sponsorship bar imposed on the nominator. This required an assessment of whether the nominator had rectified the issues that led to the bar and had taken steps to prevent recurrence, in accordance with departmental policy and the relevant legislative provisions.

The Tribunal considered departmental policy, which outlines factors relevant to determining whether adverse information can be disregarded. These factors include the nature of the information, its recency, substantiation, and whether the applicant has demonstrated rectification of issues and subsequent compliance. The Tribunal noted that the sponsorship bar period had lapsed and that the breaches and wage issues had been rectified. The Tribunal concluded that, given these circumstances, it was reasonable to disregard the adverse information.

Consequently, the Tribunal remitted the applications for reconsideration, with a direction that the first-named applicant meets the criteria for a Subclass 187 visa, specifically clause 187.233(4A) of Schedule 2 to the Regulations. The Tribunal also noted that it lacked jurisdiction to review the refusal of visas for the second, third, and fourth-named applicants as they were not in Australia when the review application was lodged.